5 Reasons Your Workers’ Comp Claim Can Be Denied
By Darwin F. Johnson on August 29th, 2018 in Workers Compensation
If you have filed a workers’ comp claim for a valid reason and you can reasonably demonstrate your case, you will likely have no problem obtaining a victory. However, not all workers’ comp claims are honored, and when they are not, it is often because the case has legitimate issues to begin with.
A workman’s comp attorney in Atlanta, or another nearby city in Georgia for that matter, can tell you that more likely than not, the reason why your claim has been denied is likely one of the following:
- The statute of limitations has run out. After you have a work-related accident, the statute of limitations in Georgia for filing a claim for workers’ compensation benefits is one year. If you wait longer than the fixed period, you will not be eligible for any benefits pertinent to the injury. Legally, the Georgia Workers’ Compensation Board cannot take any action if you fail to file within the statute of limitations.
- Self-inflicted harm. If you injure yourself intentionally while you’re on the job, then you will not qualify to receive workers’ comp benefits.
- Fighting. While this might seem obvious, if you initiate a fight with another individual while working, you cannot get workers’ comp benefits for any subsequent injuries.
- Violating laws or company policies. If you incur an injury while breaking the law or violating company policy, you will not be eligible for benefits. Oftentimes, a company’s policies are put in place to prevent injuries from occurring. Workers’ comp benefits are for workers whose employers are negligent or reckless, not for those who disregard safety policies.
- Being under the influence. If it is concluded that the worker was under the influence of alcohol or a controlled substance at the time of the accident, one will be denied benefits.
Are you looking for an Atlanta workers’ compensation lawyer? If you’ve been injured while on the job, you shouldn’t have to deal with it alone. The attorneys at The Law Offices of Darwin F. Johnson can help secure the compensation you are rightfully owed. Contact our office today by calling our team at 404-521-2667.
